Mathys & Squire Agri-Tech Intellectual Property Rights in Europe mathys-squire.com
About Mathys & Squire Ranked Tier 1 in Legal 500, Mathys & Squire is one of Europe s most highly regarded intellectual property law firms. Founded in 1910, we have over 100 years of experience in the protection and commercialisation of intellectual property rights, leading the field with insight, innovation and quality. The firm has more than 60 qualified attorneys, and has offices in London, Paris, Munich, Luxembourg, Manchester, Cambridge and York. We are a full service intellectual property firm with specialists in a wide range of technical fields. Our attorneys and trainees have a mix of scientific degrees extending from chemistry, biochemistry, pharmacology, genetics, microbiology, plant sciences and zoology through to physics, electronics, telecommunications and engineering. Mathys & Squire LLP s absolutely first class team is proactive with advice, but responsive to clients needs and requirements. The group is very knowledgeable, both from a scientific as well as a business point of view and proactively safeguards clients interests. Legal 500 Most of our attorneys hold further degrees and many have PhDs. Some of the team have worked in-house within the IP departments of large international organisations and by utilising this experience this enhances our ability to assist in the strategic and active management of IP portfolios.
Mathys & Squire Agri-Tech IP Rights in Europe // 2 Agri-Tech Intellectual Property Rights in Europe Primary food production is the largest industry in the world, and ensuring the stability and integrity of national and international food supply chains is crucial. The challenges faced by this sector are greater than ever, as the world population increases and the effects of climate change are felt. Technology is increasingly used to address these challenges, often involving collaboration between multiple disciplines. In the face of a challenging and rapidly developing commercial landscape, it is more important than ever for Agri-Tech businesses to obtain protection for their intellectual property. As a result, agricultural technology (Agri-Tech) is one of the fastest-growing markets as research in this area gains momentum. Indeed, the importance of Agri-Tech is appreciated by governments across Europe, with both UK and EU funding streams available for research and development in this sector (typically with a requirement for the good management of any resulting intellectual property rights).
3 // Mathys & Squire Agri-Tech IP Rights in Europe Technical innovations may be protected by patents. Designs can protect aspects of a product s appearance, shape or configuration that may not be patentable. New plant varieties can be protected via plant variety rights. Trade marks can be used to identify the source of a product or service and provide brand recognition. Our team has significant expertise in engineering, electronics, telecommunications and software, including in respect of automated control systems. In addition, we have experience in large-scale food processing techniques, such as in the dairy industry. We also have extensive expertise in pesticide and herbicide chemistry, food chemistry and processing, stress tolerance, plant developmental biology and transgenic plant technology. Furthermore, we have considerable experience in plant variety right matters, and our supplementary protection certificate (SPC) team can assist with matters relating to SPCs for plant protection products. Patents protect technical innovations that are new and non-obvious relative to anything that has already been made available to the public. Accordingly, if you are considering filing a patent application to protect an invention, then it is essential that the patent application be filed before you disclose the invention to anyone outside of confidence. Our team would be happy to discuss how best to protect your innovations to provide commercial benefits to your business.
Mathys & Squire Agri-Tech IP Rights in Europe // 4 IP Protection for Agri-Tech Machinery, Components and Systems Patents Patents are frequently used to protect aspects of Agri-Tech machinery, components and systems. Patentable inventions may be found, for example, in the fields of mechanical engineering (including in respect of hydraulic and pneumatic actuation systems), electrical engineering, automotive technology, electronics, telecommunications and computer software. For example, a new piece of agricultural machinery may be patentable as a whole, or a component part of a complex piece of equipment may be patentable in its own right. Electronic control systems, as may be used in farm vehicles or within crop storage and processing facilities, are also potentially patentable, as are autonomous navigation systems such as those used in combine harvesters. As well as hardware, it is possible to obtain patent protection for software (e.g. in a control or navigation system) that provides a so-called technical effect i.e. a new and non-obvious technical solution to a technical problem. Food processing techniques are also potentially patentable for example in relation to new and non-obvious methods for producing milk, yogurt and other products in the dairy industry. We have an experienced team of attorneys who specialise in engineering, IT and electronics, and are able to handle patent matters in all of the above fields.
5 // Mathys & Squire Agri-Tech IP Rights in Europe Registered Designs Trade Marks Registered designs can be used to protect the outward appearance of products, and component parts of complex products that are visible during normal use. Registered designs are quick, straightforward and relatively inexpensive to obtain, and may be used as a way of obtaining registered IP protection for agricultural equipment that may not meet the criteria for being considered patentable. Both patents and registered designs can provide a valuable deterrent effect, to dissuade third parties from copying or coming too close, and can also be useful for marketing purposes. Registered trade marks remain a powerful deterrent to third party competitors and are an essential tool when combating counterfeit activities. A registered trade mark may be renewed indefinitely and outlive its other IP counterparts (patents and designs). The multi-jurisdictional registration of trade marks is readily achievable at relatively little cost via the EU Trade Mark and the Madrid Protocol systems. Registration of trade marks with local Customs Authorities allows for effective anti-counterfeiting policing at minimal cost. Our design and trade mark teams will be happy to discuss how best to protect your brand and designs.
Mathys & Squire Agri-Tech IP Rights in Europe // 6 Team Biographies James Pitchford Partner Anna Gregson Partner Michael Stott Partner James is a Partner in our IT & Engineering team and is based in our Cambridge office. James specialises in patent work in the physics, electronics, engineering and materials science sectors, and works with entrepreneurs, start-ups and SMEs, alongside large corporations, research institutions and universities. James has particular experience in the fields of electromechanical devices, power engineering, electronics, optics, imaging techniques and image processing, telecommunications, semiconductor devices, composite materials, surface treatment techniques, computer software and data processing algorithms. JEPitchford@mathys-squire.com 0207 830 0000 Anna is a Partner in our Biotech team and is based in our Manchester office. Anna has worked with a diverse range of clients; from university technology transfer organisations to international corporations. Anna has experience in a wide range of subject matter in the fields of biotechnology and life sciences, including therapeutic antibodies, vaccines, plant biotechnology, diagnostics and biomarkers and stem cells. She also has experience of advising on plant variety rights. ALGregson@mathys-squire.com 0207 830 0000 Michael is a Partner in our chemistry team and has extensive experience of drafting, prosecution and portfolio management, as well as conducting freedom-tooperate and patent landscape assessments for clients. He also has experience of opposition and appeal proceedings before the EPO. Particular areas of technical expertise include agrochemicals, food chemistry and processing, pharmaceuticals, personal care products, upstream and downstream petrochemistry, chemical processing and catalysis, ionic liquids, polymers, ceramics, and chemical detection technologies. MJStott@mathys-squire.com 0207 830 0000
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